Issued by: Christine B. Reed Jennifer Lobo, et al. v. Tamco Court of Appeal, Fourth Appellate District (September 10, 2014) Under the theory of respondeat superior, employers are vicariously liable for tortious acts committed by employees during the course and scope of their employment. However, under the “going and coming” rule, employers are generally exempt from liability for…

Issued by: James F. Regan Nixon Peabody LLP v. Superior Court, et al. Court of Appeal, Second Appellate District (October 17, 2014) This case considered the effect of relying on California Code of Civil Procedure (“CCP”) Section 473 subdivision (d) to vacate a voluntary dismissal that the dismissing party later claimed was void. Petitioner Nixon Peabody LLP…

Issued by: Linda Meyer Wayne Earl Larson v. UHS of Rancho Springs, Inc., et al. Court of Appeal, Fourth Appellate District (September 3, 2014) Code of Civil Procedure Section 340.5 is part of the Medical Injury Compensation Reform Act (“MICRA”), which the Legislature enacted in 1975.  Section 340.5 establishes a one-year limitations period for any “action for injury…

Issue By:  David L. Blinn Mercury Casualty Company v. Hung Chu, et al. Court of Appeal, Fourth Appellate District (September 24, 2014) Many automobile policies have exclusions against coverage for injury to other insureds, commonly including “resident relatives” for close family relatives who live with the named insured.  This case considered the validity of an insurer’s purported exclusion…

Issue By: Linda Meyer Stephen M. Snyder et al., as Trustees, etc. v. California Insurance Guarantee Association Court of Appeal, First Appellate District (September 17, 2014) The California Insurance Guarantee Association (“CIGA”) has a statutory duty to pay “covered claims,” which are defined as “the obligations of an insolvent insurer.” There must be coverage within the…

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